That's good news for Democrats who worry that Citizens United will work to the GOP's permanent advantage, but bad news for the well-rehearsed progressive narrative about the balefully transformative effects of Citizens United.By the way, Michael Kinsley is right that Citizens United was not a jurisprudential boner.
In a jurisprudential context, micro-states are not, properly speaking, countries at all: imperial devolution has simply vested former colonial entities with sovereign rights without regard to their ability to fulfil sovereign duties.
The Supreme Court struck down limits on corporate spending on political speech not because a handful of eminent jurists are in the pockets of the oligarchs, but because the plausible jurisprudential argument that such limits are inconsistent with the first amendment convinced a majority of the court.
There are two jurisprudential avenues by which the justices could make gay marriage a constitutional right.
First, it distorts the jurisprudential aspects of the case.
At the same time, he emphasized that the normativity of law is not necessarily moral; throughout his jurisprudential work, he maintained a legal-positivist insistence on the separability of law and morality.
Aside from his published opinions, Cardozo is noted for his jurisprudential work, especially The Nature of the Judicial Process (1921), based on lectures he delivered at Yale University.
Savigny's jurisprudential perspective was in part inspired by the Romantic movement, which took the form in Germany of a movement harking back to the simplest tribal origins of the German people, to their folk songs and tales and to their distinctive ethos, or Volksgeist ("national spirit").
At this moment, the liberals face not only jurisprudential but actuarial peril.
The authors argue that the "wall of separation" between church and state is a clumsy metaphor that, in the past sixty years, has repeatedly led courts into "jurisprudential quicksand".
The N.A.A.C.P.'s legal strategy of using the equal-protection clause of the Fourteenth Amendment to chip away at segregation laws — Marshall and the N.A.A.C.P. spent eight years clearing a jurisprudential path to Brown — had been eclipsed by a movement based largely on Scripture that involved putting bodies in the way of billy clubs, fire hoses, and, occasionally, bullets.
